Morphological, Anatomical and Statistical Analyses On The Four Ancient Mesopotamian Law Codes Including The Hammurabi Law Code

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『社会科学雑誌』第 19 巻（2018 年 3 月）—— 37
《論文》
Morphological, Anatomical and Statistical

Analyses on The Four Ancient Mesopotamian Law
Codes Including The Hammurabi Law Code:
—— Part Ⅶ Overall summarization of the study :
Solved and Unsolved Problems ——
Kenji KAMIDE
Contents
Ⅶ -1 Introduction
1.1 Scope of the study of this part
1.2 Unsolved targets in the studies published until now
1.3 Some simple interrogations on ancient laws when author
started this study
Ⅶ -2 Methodology employed in this study
2.1 Primary material for the further analysis
2.2 Methodology
Ⅶ -3 Results and Discussions
3.1 Fact-Findings(F-F) obtained in this study
3.1.1 ( Part 0) Introductory remarks or the past research:
Present status of the study on the ancient
Mesopotamian laws: Appraisal of Mesopotamian
society and culture: Methodology of the research.
3.1.2 (Part Ⅴ ) Prehistoric northern sites in Mesopotamia
Morphological, Anatomical and Statistical Analyses on The Four Ancient
Mesopotamian Law Codes Including The Hammurabi Law Code:
38 —— Part Ⅶ Overall summarization of the study : Solved and Unsolved Problems
3.1.3 (Part Ⅰ ) Survey of size, contents, and transfer

3.1.4 (Part Ⅱ ) Social class and development of professions
3.1.5 (Part Ⅲ ) Legal litigation, penal law code, and civil law
code.
3.1.6 (Part Ⅳ ) The written contracts and commercial laws
3.1.7 (Part Ⅵ ) Agricultural law and law of retaliation
3.2 Comparative study of the four ancient Mesopotamian

law codes : A statistical analysis
3.2.1 Identity, similarity and correlations
3.2.2 Comparison of the four law codes
3.3 Hypothesis and theories proposed in this study
3.4 New concept on the Hammurabi law code
Ⅶ -4 Conclusion
Ⅶ -5 Reference
Appendix A
Appendix B
第 19 巻 —— 39
Ⅶ -1 Introduction
1.1 Scope of the study of this part

In the previous sections1-9 the comprehensive and systematic analysis
(i.e., morphological, anatomical and statistical analyses) were performed for
the four ancient Mesopotamian law codes (i.e., Ur-Nammu (UN), Lipit-Ishtar
(LI), Eshnunna (E), and Hammurabi (H) law codes) on the following topics:
(Part 0)1 Introductory remarks : Very preliminary examination of the books
and the book chapters, published before, on the ancient
Mesopotamia, of the four code, including the Hammurabi law
codes ; Present status of the studies.
(Part Ⅰ )2 Survey of size, contents, and transfer.
(Part Ⅱ )3 Social class and development of professions.
(Part Ⅲ )4 Legal litigation, penal law code, and civil law code.
(Part Ⅳ )5 Written contents and commercial Laws.
(Part Ⅴ )6 A nalyses on the fundamental data base of prehistoric
Mesopotamian sites.
(Part Ⅵ ) Agricultural low and law of retaliation.
7
During analytical study a cautious attention was paid in close connection

with the archaeological knowledge accumulated by extensive evacuation of
the ruins in Mesopotamia.
The methods employed here are evidently the very scientific method,
which enables us to carry out evidence-based discussion and in
consequence, an acquisition of reliable knowledge (fact-findings, see 3.1).
1.2 Unsolved targets in the studies published until now

1. Social class in the ancient Mesopotamia has not yet been decisively
determined (see, 0-1.5).
2. Blood (DNA) relationships have not yet been studied extensively and
thoroughly between the ancient Mesopotamia laws such as the UN, LI,
E and H laws and the laws of contemporary society including Japan.
3. Fundamental Human rights (legal status) of ordinary people in the
ancient Mesopotamia not yet been studied (see, Part Ⅱ ).
4. Legal support against the social misfortune (criminal victims, malpractice,
product liability and regal relief to support social misfortune) in the
Hammurabi law codes had not been studied in detail (see, Part Ⅲ ).
5. To our surprise, we cannot, even now, have any information on
exhaustive survey(this does not mean to prepare simply a list a law
code) of the ancient Mesopotamian law codes (see, Part Ⅰ ~Part Ⅵ ).
1.3 Some simple interrogations on ancient laws when author started

the study
1. What was described about Sumer(or Mesopotamia) in the textbook of
world history ? (0~2.1)
2. On what points except ‘Justice’ are the Hammurabi (H)law highly
estimated? ( Ⅰ -1(1)).
3. How closely relates the Hammurabi law to the preceding (but excavated
later than the H law) three law codes; Ur-Nammu (UN), Lipit Ishtar(LI),
and Eshnunna (E) laws? Is the H law code a simple collection of UN, LI,
and E codes? ( Ⅰ -1(2)).
4. Is the H code a direct heir of the preceding codes? ( Ⅰ -7).
Is the H law one of traditions made in the past as status law ? ( Ⅰ -1(3),
第 19 巻 —— 41
Table Ⅰ -12, Figure Ⅰ -1).

5. is the H law sterner than the preceding three laws? ( Ⅰ -1(4)).
6. What is the second social class in that time? ( Ⅰ -1(5)).
7. What is a main target of the Hammurabi law? ( Ⅱ -3.3.2).
8. What is awilum? ( Ⅱ -3.3.3).
9. What is mushkenum? ( Ⅱ -3.4.1).
10. Was ancient Mesopotamia the servitude-system society? ( Ⅱ -3.6.2).
11. What job did medical doctor emerge from? ( Ⅱ -4.2).
12. Is the Hammurabi law a genuine law code? ( Ⅱ -4.2).
13. Had divine judge been existed in Old Babylonian period?( Ⅲ -4.3.1).
14. Is the Hammurabi law code a code simply codified from the past
customs and laws? (Q 1B), ( Ⅲ -4.5.1).
15. Are all the articles in the Hammurabi laws consistent with each other?
( Ⅲ -4.5.3).
16. Did the Mesopotamian farmers become rich thanks to successful
development which enriched the ruling class? ( Ⅵ -3.1.2).
17. What is the basic character of Old Babylonian dynasty? ( Ⅵ -3.1.2).
18. Was the Hammurabi law code the retaliation law? ( Ⅵ -4.1.).
19. Is the law code of retaliation (lextalionis) cruel? ( Ⅵ -4.3).
Ⅶ -2 Methodology employed in this study
2.1 Primary material for the further analysis

We employ as the primary materials the Iijima’s works ,which are
described briefly as follows:
To each cuneiform script (1), its corresponding phonetic alphabet (i.e.,
transcription) (2), and Japanese word (3), both corresponding to (1), are
concurrently given first. Then, cuneiform sentence in individual article is
translated literally
To each fromscript
cuneiform Sumerian (LI) or Akkadian
(1), its corresponding (E and
phonetic H) into
alphabet (i.e.,Japanese
transcription) (2),
and Japanese
(4). Iijima wordto(3),
succeeded both corresponding
build-up a collectiontoof
(1),Japanese
are concurrently given
articles first. Then,
of the
cuneiform sentence in individual article is translated literally from Sumerian (LI) or
Lipit-Ishtar, Eshnunna, and Hammurabi law codes. (1)~(4) are the
Akkadian (E and H) into Japanese (4). Iijima succeeded to build-up a collection of
indispensable materials.
Japanese articles To the translated
of the Lipit-Ishtar, materials
Eshnunna, and Hammurabicommentary
law codes. (1)~(4) are
the indispensable
interpretation materials. To the translated materials commentary interpretation (5) is
(5) is given.
given.
On the basis of the materials we can now examine comprehensively
On the basis of the materials we can now examine comprehensively particularities of
particularities of the
the individual individual
articles. articles.
The further The further
scientific analysisscientific analysis
(6) is the purpose (6) study.
of this
is theFlow of the research

purpose is demonstrated
of this study. below
Flow of the :
research is demonstrated below :
(1) (2) (3)

Cuneiform Transliteration Translation
script
○ photo copied
× hand copying
hard copying
(4) (5) (6)

Japanese Commentary Analysis (this study)
Analyses(this study)
or English interpretation
Note that to our surprise, we cannot , even now, have any information on exhaustive
Note that to our surprise, we cannot , even now, have any information
survey at level of (6). (see, Part 0, 1.7.2.e)
on exhaustive survey
In addition, at level
the articles of of
the(6). (see, Part
Ur-Nammu code0,law,
1.7.2.e)
translated by Kobayashi from
In addition, the
Sumerian, to articles
Japanese of the are
sentences Ur-Nammu
also used. code law, translated by
The accuracy and reliability of the Iijima’s procedure and their results were confirmed
Kobayashi from Sumerian, to Japanese sentences are also used.
by Kamide (see, PartⅠ): Van de Mieroop (2005) demonstrated in his book that the full
The sentences
accuracy of
and
thereliability of the
two articles, Iijima’slaw
Eshnunna procedure
code no.54and their results
(hereafter wereas E54)
abbreviated
coincides
confirmed with the(see,
by Kamide Hammurabi
Part Ⅰlaw code
): Van deno.251 (hereafter
Mieroop (2005) abbreviated as H251),
demonstrated
showing E54 = H251 (Note that Van de Mieroop did not indicate the article numbers).
in his book that the full sentences of the two articles, Eshnunna law code
Corresponding Iijima’s articles (in Japanese) (2002),which are translated by Kamide,
no.54are
(hereafter
absolutelyabbreviated as E54)
the same as those coincides
of Van with
de Mieroop the That
(2005). Hammurabi law two
is, the following
code equations hold their validity:
no.251 (hereafter E54 (Van
abbreviated asde Mieroop)
H251), = E54 (Iijima)
showing E54 =forH251
the E(Note
law code and
H251 (Van de Mieroop) = H251 (Iijima) for the H law code.
that Van de Mieroop did not indicate the article numbers).
Note that Iijima’s book was published three years earlier than Van de Mieroop is.
Corresponding
The aboveIijima’s
primaryarticles (in can
materials Japanese) (2002),which
confidently be regardedare
as translated
the experimental
5
第 19 巻 —— 43
by Kamide, are absolutely the same as those of Van de Mieroop (2005).

That is, the following two equations hold their validity: E54 (Van de Mieroop)
= E54 (Iijima) for the E law code and H251 (Van de Mieroop) = H251
(Iijima) for the H law code.
Note that Iijima’s book was published three years earlier than Van de
Mieroop was.
The above primary materials can confidently be regarded as the
experimental database in science study. The materials are subjected to
further rigorous and comprehensive analysis. First, we extract the needed
data from the materials.
Among the literature cited in Part 0 (ref.1-47) only three (unbelievably few)
table is ref 2 (G. R. Driver and J.C. Miles) are discovered :
In the past studies it seems to me that any effort of visualization of the
results had not been paid. In this study as many as tables, figures, and
maps will be demonstrated for easy understudying of the results.
2.2 Methodology
New methods are invented and utilized in the study as follows:
2.2.1 Morphological size :
Number of overall, legible and analyzed article numbers were chosen as
parameters representing law code ( Ⅰ -5). Size of the law code is estimated
from the number of the of eligible articles.
2.2.2 T he area where the Hammurabi law code was effectively
promulgated :
All cities and towns referred in the prologue of the Hammurabi law code
could be considered to be the area where law code was effective. ( Ⅰ -3).
Prologue refers to Babylon, Nippur, Eridu, Ur, Sippar, Larsa, Uruk, Ishtar,
Ishin, Kish, Kutû ,Borsippa, Dlbat, Kesh, Lagash, Girsu, Zabala, Karkara,
Adab, Mashnanshapir, MAlgium, Mari, Tuttul, Assur, Nineveh, (from M. T.
Roth ; Law Collections, p76-81: G. Iijima, H law code, p21-22).
2.2.3 Who was an eligible person in ‘Prologue’ of the Hammurabi law
code?
The main target of the laws is unquestionably awilum (Among 248 legible
articles, 156 articles are regarded as the articles on awilum (according,
156/248 = 62.9% is its portion) (102 articles, strictly start with the sentence
‘Summa awilum…’ , and other about 54 articles are concerned with awilum)
( Ⅰ -5).
2.2.4 The most reliable method for evaluating the nature of awilum:
(1) Collect the articles starting with [takumbi lu …] in the UN and LI law
codes and [Šumma awilum …] in the E and H codes and (2) to determine
the dead or to speculate job of the subject [i.e., lu or awilum in this case ] in
the above articles (Table Ⅱ -5a, 5b, 6a, 6b).
2.2.5 Total number of the articles which are classified in to eleven
categories and their article numbers :
This is used as a method for estimation of the important domain, on which
the laws, such as the Ur-Nammu, Lipit-Ishtar, and Hammurabi, put their
serious attention.
2.2.6 Method of determination of the degree of intimacy (i.e., identity,
similarity, and correlation) between the two law codes, in particular,
between the H code and preceding code ( Ⅰ -7 : seven steps)(
Table Ⅰ -8~ Ⅰ -13, Fig.1).
2.2.7 Construction of the family tree :
Construction of the family tree of development profession by analysis on
the four law codes (Table Ⅱ -13, Ⅱ -14).
第 19 巻 —— 45
Ⅶ -3 Results and Discussions
3.1 Fact-Findings(F-F) obtained in this study

3.1.1 (Part 0) Introductory remarks or the past research: Present
status of the study on the Ancient Mesopotamian laws:
Appraisal of Mesopotamian Society and Culture:
Methodology of the research.
F-F(0-1) : Number of fully-translated articles
Forty seven books on the ancient Mesopotamia, varying from
treatises to popular books, were subjected for preliminary
examination. Number of articles, nt, of the Hammurabi law code,
fully translated in the main text, is shown in Table 0-3. Top three
has nt = 269 (ref.30), 249 (ref.3), and 248 (ref.39), respectively.
Average n t (< n t >), except the above three references, is
approximately 4.
F-F(0-2) : Social class
Even at preset the final judgement on the status of awilum and
mushkenum have not yet been established (Table 0-4). A
significant change seems to have occurred in interpretation on
awilum around 1992 (Table 0-4).
F-F(0-3) : Three books
Roth (ref.30), Driver and Miles (ref.3), and Iijima (ref.9) are
selected for the further analysis of the Hammurabi code (Table
0-6).
F-F(0-4): Categories
Categories covered by the reference books are collected in Table
0-5.
F-F(0-5) : Methodological problem

Some methodological problems found in the literature are pointed
out : Narrow category range, lack of sufficient concrete evidence,
psychological trauma, less quantitative discussion ,extremely small
number of tables and figures (only 3 among the total 47
references) (1.7.1)
F-F(0-6) : Unsolved target
Unsolved targets of studies were shown : Social class ; blood
relations among the four law codes : human right ; legal support.
(1.7.2).
F-F(0-7) : Evaluation of ancient Mesopotamia society
Negative evaluation (by Kishimoto, Kuroda, Van de Mieroop) , and
positive evaluation (by Bottéro, Roux and Kriwaczek) are
demonstrated(2.2).
3.1.2(Part V) Prehistoric northern sites in Mesopotamia
F-F(V-1) : Geological distribution
Geological distribution of sites in the Hassuna-Sammara and Halaf
periods is shown in Maps V-3 and V-4, respectively, only
Hassuna→Sammara occurred and reverse (i.e.,Sammara
→Hassuna never happened.
F-F(V-2) : Altitude
As time passed over an average altitude of the sites in the period
became lower until the Halaf period (V.4.1.3B and Fig.V-1).
F-F(V-3) : Location of sites
The number of sites located in the inner circle (50km radius) of the
Hassuna-color area in 10and the number of sites located in the
outer circle (100km radius) is 12. These number did not change
第 19 巻 —— 47
throughout the Hassuna-Sammara period and the Halaf period.

The sites are not homogeneously spread, but are strongly
concentrated to the central area at Hassuna and Samarra,
respectively numerous sites are more densely located in the
central are of the Hassana culture and of the Samarra culture and
the existence of long-distance communication between sites are
not certificated (V-4.1.6(b)).
F-F(V-4) : Map of sites
In the Maps of ancient Mesopotamia giant sites (Table V-7b), new
sites (Table V-13). sites located on the bank of the rivers (Table
V-6 ), and the sites on the rainfall of 200mm isohyet (Table V-14)
and the modern 200mm isohyet line (dotted line) are shown for
comparison.
F-F(V-5) : Halaf sites(1)
The Halaf sites had already reached to the riverside of the Diyala
valley in the Hassuna period and the sites continued for the whole
Halaf period and since then.
F-F(V-6) : Halaf sites(2)
The Halaf sites spread far-reaching from the eastern to the
western (see Map4).
F-F(V-7) : Location of sites
The several sites are nearly located on the banks of the Euphrates
(see Table V-6).
F-F(V-8) : Conversion of territory
Of course, the ex-Hassuna–Samarra region was converted very
continuously and gradually to the Halaf territory(V-4.1.4(5),
(V.4.1.4(8)).
F-F(V-9) : Euphrates basin

The Euphrates basin was still a not-fully developed land until this
time.
F-F(V-10):Economical difficulty
At the later Halaf period there was, no more, sufficient room for
development and the economy of Mesopotamia met a critical
difficulty, which seemed not to be easily overcome (V-4.1.4(9)).
F-F(V-11) : Growth process
In the growth process a large number of small sites were absorbed
into larger site and then, emerging another giant site(V-4.1.4(10)).
F-F(V-12) : Movement of sites
In an extremely wide spun the sites moved from the mountains →
highland plain→ foothill → low plain (Fig. V-1).
F-F(V-13) : Spread of Halaf site
In the Halaf period the sites spread, far beyond the ex- Hassuna-
Samarra area, to the westmost area.
F-F(V-14) : Banks
In the Halaf period the banks of the Euphrates , as well as the
Tigris, were equally employed (Table V-6).
F-F(V-15) : Size of sites
The size of site varied from less than 1ha to 18ha.
F-F(V-16) : Gigantic sites
The gigantic sites emerged in the Halaf period, except Ganzi
Dareh, Asiab, and Abu Hüreya (21), all of which were formed in the
EH (early Holocone) periods.
F-F(V-17) : Giant sites
Five giant sites with space larger than 12ha are found in the Halaf
第 19 巻 —— 49
period.(Table V-7c).
F-F(V-18) : Life spun of sites
Now it is clear that people lived at some sites for some hundred
years ~ one thousand or more long years(Table V-7d).
F-F(V-19) : House Materials
All house materials are locally-made products. Basically, the
above materials are made of soil, and weeds(Table V-8a or V-8c).
F-F(V-20) :Evolution of houses
Houses evolved from the hut, built by digging its pillar into soil or
rock, to the house built on the ground stone(Table V-9a).
F-F(V-21) : House equipment
House (Ҫayönü) was equipped with air circular system (for storage
of food) and the heating system (for room in winter)(Table V-8a or
V-8b).
F-F(V-22) : Domestication
Domestication of wheat and barley occurred, as expectedly by
mutation(V.4-2.1.(a)). Emergence of domesticated cereals enabled
farming on a large scale in former place of gathering (V-4.2.1.(a)).
F-F(V-23) : Cereals
Careful watching or observation of the wild cereals and quick
application of newly born domestic species opened the road
leading to farming food production.
3.1.3 (Part Ⅰ ): Survey of size contents, and the transfer

F-F( Ⅰ -1) : Total number of articles in the H law
Total number of the H articles in 282 and H66~H99 (sub-total, 34
articles are omitted. Then, 282-34=248 articles are legible and
subjected to further analysis. Among 248 legible articles , 102

articles strictly start with the sentence “ Summa awilum , …,” and
in addition other about 54 articles are concerned with awilum. Then
102+54=156 articles are regarded as the articles on awilum
(Accordingly, 156/248=62.9% is its portion)(Table Ⅰ -5 and Ⅰ
-5(4)).
F-F( Ⅰ - 2) : Size of the four laws codes
The size of the H code expressed by the total number of articles, is
much larger than three preceding codes: 8.8 times, 15.5 times and
4.2 times than UN, LI and E, respectively. Arithmetic summation of
the total number of the three preceding codes occupies only 42%
(103/248) strongly suggesting that H code is predominant in size
as compared with a simple accumulation of the preceding laws.
The H law is not a simple accumulation of three preceding laws.
F-F( Ⅰ - 3) : Portion of awilum
The portion of awilum related articles in the laws are in the range
47%~70% and any significant difference among the laws is not
observed. That the main target of these is awilum is
unquestionable(Table Ⅰ -5).
F-F( Ⅰ - 4) : Categorization
The results of categorization of the four law codes are collected in
Table Ⅰ -6~Table Ⅰ -6(continued 5).
F-F( Ⅰ - 5 ) : Modern legal ideas
Modern legal ideas emerged evidently first from, except category
2, the Hammurabi law (Table Ⅰ -7).
F-F( Ⅰ - 6) : Transfer to the H code
About 30~50% of the article in the three preceding law codes is
第 19 巻 —— 51
transferred to the H code (Table Ⅰ -12). The transferred articles

occupy only 13% (=32/248) (Table Ⅰ -13) of the total articles of the
H code : The degree of influence of the preceding codes to the H
code is very restrictive (Table Ⅰ -13).
F-F( Ⅰ - 7) : Corelationship
Any significant corelation is not observed between the Ur-Nammu
and Lipit- Ishtar law and between Lipit-Ishtar and Eshnunna law
codes(Fig. Ⅰ -1).
F-F( Ⅰ -8 ): Connection
Some small connection (mainly through penal for body injury) is
detected between the Ur-Nammu and Eshnunna law
codes(Table Ⅰ -11).
F-F( Ⅰ - 9) : Donner and acceptor
In the transfer, an original article in the donor often brings about
two or more accepter articles : two from E17 (marriage portion)
and E54 (death by ox) ; six from E42 (injury of tooth, bone)
(Table Ⅰ -11).
F-F( Ⅰ -10 ) :Three preceding codes
The above three preceding codes were almost isolated,
independently formulated, and transferred individually to the
Hammurabi code(Table Ⅰ -12,Fig.1).
3.1.4(Part Ⅱ ) Social class and development of professions

F-F( Ⅱ -1): Social class
At ancient Mesopotamia, two or three social classes including king
existed, each differing the legal status(Table Ⅱ -1).
Note 1
In the Ur-Nammu and Lipit-Ishtar law codes, both written by Summerian,
any words corresponding to king (in this case lugal) are not discovered. In
the Eshnunna law the two articles(E48 and E58) contain word Šar (Šarru,
lugal) and the Hammurabi code has seven with Šar (rarrum) (H26, H27,
H28, H33, H35, H51 and H129) (Table Ⅱ -2) .
Then, the these codes there are four classes : Šarru, awilum mushkenum
(mašenkak, mušenkak) and waradu (wardum, wardu) or antum.
F-F( Ⅱ -2):King
Kings whose authority was entrusted by the gods, has the
supreme judgment (E58, E56) and the right to give amnesty
(H129).
In the prologue of his law code Hammurabi wrote : ‘ In order to make

people happy and to give the satisfaction the god Enlil (see, Table Ⅱ -3)
nominated me (Hammurabi).
Note 2
In prologue of the law code Hammurabi promised people in his state to
provide abundant food and offer security, in other words, to make people
prosperous and safe. The above promise may be realized by civil
engineering of canal [not only simple digging down of single waterway, but
also construction of canal-network and it’s maintenance and actual
operations] and city-wall. To these should be added as the third target.
第 19 巻 —— 53
F-F( Ⅱ -3): Other three classes

Other three classes are, for convenience, simply expressed in
terms of awilum, mushkenum, and warudam, respectively. The
second social class, found in the E and H codes, was not existed
in the UN and LI codes, and was expressed as mushkenum in the
E code and as museskak( transcript of Sumerian from Semitic
(Akkadian)) in the H code, respectively.
F-F( Ⅱ -4): Awilum’s job
Awilum’s job can be reasonably estimated from an analysis on the
articles, of the UN and LI law codes, starting with 「takumbi lu…」
or of the E and H laws, starting with「Summa awilum…」(Table Ⅱ
-5a~ Ⅱ -6).
F-F( Ⅱ -5): Coverage (1)
Jobs summarized in Table Ⅱ -5~ Table Ⅱ -6 seems to cover
almost whole range of jobs of the society at that time.
Awilum covers the lower and middle classes, and validity of eqs.
{ }
awilum = noble man ( Ⅱ -3) (Kraus and Kishimoto)
awilum = elite citizen ( Ⅱ -5)(Nakata)
is evidently denied. There is no article exclusively applied to the
noble man alone. The awilum is ordinary people, including lower
and middle classes(see, also F-F( Ⅱ -9).
In the Ur-Nummu and Lipit-Ishtar law codes no article on the upper
awilum was detected(Table Ⅱ -13a).
F-F( Ⅱ -8): Mulla poena sine legé
Hammurabi’s kingdom (almost an entire Mesopotamia) is , in this
sense, the first mulla poena sine legé).

F-F( Ⅱ -9): Change in homogeneity of awilum
Awilum seems to have been consisted of the citizens or the
‘freeman’, covering from the upper elite sub-class to the poor or
ordinary sub-class. ( Ⅱ -6) The transfer of rather homogeneous
awilum class to highly heterogeneous and broad class occurred
during the period (Table Ⅱ -13a and Table Ⅱ -13b).
F-F( Ⅱ -10): Legal status of awilum
Awilium had, irrespective of his job, the property (poor or rich), the
social position and so on, absolutely equal legal (criminal, civic and
commerce) status. Any awilum had also right of charge against
some awilum(i.e., the right of accusation to court, becoming a
suitor in law court (H1, H2, H3, H4)), although detailed proceeding
are not disclosed in the articles(see, Figure Ⅲ -2)(i.e., the right of
accusation to the court). Needless to say, a charge accompanies a
gave responsibility( Ⅱ 3.4.4).
F-F( Ⅱ -11) : Muskenum
There is no article on muskenum in the Ur-Nammu and the Lipit-
Ishtar codes. In the Sumer society muskenum was not existed as
one of social classes with particular status (Table Ⅱ -1).
F-F( Ⅱ -12): Legal status of muskenum
(A)Equivalent to the awilum : A1.property (real state, E12, E13)
and movables) right (ownership) (E24, E50, H219) ; A2, home and
family
(B)Advantage of muskenum:
(legal protection to muskenum) B1.the offense by the assailant
against
第 19 巻 —— 55
Muskenum (E12, E13, E24, H12, H13, H15);B2.the embezzlement

(E50, H8) ; B3.the cost of medical treatment (H222).
(C) Disadvantage compared with awilum:
C1.bodily injury (H196, H197, H198, H200, H201, H203); C2.
medical malpractice (H201, H211 ,H212); C3,compensation
(Table Ⅱ -8).
F-F( Ⅱ -13):Significant disparity between muskenum and waradu
1. Muskenum can have his own slave (E50, H175, H176, H219).
2. If a muskenum kills a slave this is not homicide :
If he has some responsibility for death of slave, he compensates or
equivalent slave or money as replacement of the dead slave (E55,
E57, H231).
F-F( Ⅱ -14):Lex talionis ( Ⅱ -3.5.1)
Lex Talionis is rigorously applied (see, Table Ⅱ -8), only to the
cases of both the assailant and victim are awilum (case
2,9,11,and13 in Table Ⅱ -8). Exceptional case in H207(death
caused by the injury(beating) during quarrel →silver 1/2 mana.
F-F( Ⅱ -15): Slave ( Ⅱ -3.5.1)
Ir11 and geme2 in the UN and LI law codes and warudu and amtu
in the E and H law codes correspond to the male slave and the
female slaves, respectively. Ir11 = warudu and geme2 = amtu.
F-F( Ⅱ -16): Supply route of slave ( Ⅱ -3.5.3)
(1) Slave was purchased from domestic market of by personal
deal (H278, H279), or from foreign market (H280, H281).; (2)
Debtor default (debtor slave) (H54, H117) ; (3) Human traffic
(trafficking) ; (4) Kidnapping (H14) ; (5) War prisoner (H27, H28,
H29, H32) ; (6) Slave’s child (H146) ; (7) Hostage (H117, H118) ;
(8) Offender ; there is no clean description in the articles.

F-F( Ⅱ -17): Ownership of slave ( Ⅱ -3.5.4)
Individual, together with private and public institutions, had the
ownership of the slave.
(1) Master (beki2) (H16, H18) ; (2) Palace(ekalim) (H15) ; (3)
Muskenum (mushkenkuk)(H15) ; (4) Merchant (tamukarm) (H18) ;
(5) Wife (former num) (lukur) (H147).
F-F( Ⅱ -18): Slave’s legal right ( Ⅱ -3.5.6)
(1) the property right
Slave has the property right (UN5, H176) to make his own
immovable and movable ; house and fortune. Slaves have the
right of possession on the house they build after marriage and
fortune they accumulated.
(2) the right of marriage
Case A: slave can get marry to female slave he loves (UN8).
(slave husband –slave wife)
Case B: slave can get marry formally to awilum girl (H175).
(Slave husband- awilum wife).
(3) the right of inheritance
In (2) (case B), after slave husband died the widow receives as
well as marriage portion , half of the house they built and the
fortune they accumulated during the matrimony for the child. The
another half of the house and the fortune, goes to his master
(UN5, H176).
(4) medical treatment, penalty and compensation
Slave receives the medical care at smaller expense (see, Table Ⅱ
-10(1)). Slave’s crime is punished more severely ? (Table Ⅱ
第 19 巻 —— 57
-10(2)).Slave as the victim receives smaller compensation

(Table Ⅱ -10(3)).
F-F( Ⅱ -19): Servitude-system society
Was ancient Mesopotamia the servitude –system society ?
The agricultural sector of Mesopotamia needed highly expertise for
work, and the slaves could not find their suitable roles. This is a
great contrast to Latifundium in the Roman times, where major
labor was the slaves imported from the conquered countries
(Part Ⅱ -6-2)
F-F( Ⅱ -20): Development of job specialization
The pattern of development of professions revealed from analysis
on the four law codes are shown bellows.
(Table Ⅱ -13a, Ⅱ -13b, and Table Ⅱ -11~14)
U-Nammu Lipit-Ishtar Eshnunna Hammurabi

(one) (six) (eight) (forty)
( ) : number of jobs cited in the law codes.
In the Old Babylonian period job specialization progressed remarkably.

In the Old Babylonian period job specialization progressed
The first occupation in the law history is farmer. The distinction between
remarkably. The first
the carpenter (bănu) occupation
(H232) in builder
and the ship the law history(H234)
(malahu) is farmer. The
is clear,
but both the ship
distinction builder (H234,
between H235) and(bănu)
the carpenter sea captain (H236,
(H232) H237)
and theare
ship
ascribed by malahu probably due to not-yet matured specialization of
builder (malahu) (H234) is clear, but both the ship builder (H234,
above occupations. It should be noticed that both bănu and amelu alla
H235) and
appeared seasame
in the captain (H274), H237)
article(H236, are that
suggesting ascribed by amelu
bănu and malahu
alla had somewhat different meanings.
probably due to not-yet matured specialization of above
occupations. It should be noticed that both bănu and amelu alla
3.1.5 (PartⅢ) Legal Litigation, penal law code, and civil law code
appeared
F-F(Ⅲ-1): Written lawin the same article (H274), suggesting that bănu and
The emergence of written-law as preconditions of inventions and
amelu alla had somewhat different meanings.
their improvement of writings and their popularization of the
writings in daily. (Ⅲ-3, Ⅲ-3.1).
(Note: tokens and their descendants (cuneiform script) were formed from
practical demand, mainly, in agriculture.(FigureⅢ-1).
F-F(Ⅲ-2):Tokens
3.1.5 (Part Ⅲ ) Legal litigation, penal law code, and civil law code
F-F( Ⅲ -1): Written law
The emergence of written-law as preconditions of inventions and
their improvement of writings and their popularization of the
writings in daily( Ⅲ -3, Ⅲ -3.1).
(Note: tokens and their descendants (cuneiform script) were
formed from practical demand, mainly, in agriculture(Figure Ⅲ -1).
F-F( Ⅲ -2):Tokens
Except the E law code which was the shortest life (14years~) the
life-span of ancient law codes ranges in 90~160 years(Table Ⅲ -2).
F-F( Ⅲ -3): Priest
Priest in the Hammurabi laws did not play or were not allowed to
play an important role in the court.
F-F( Ⅲ -4): Courts
There were a variety of courts differing the status and function.
F-F( Ⅲ -5): Legal processing
In the three proceeding laws (UN, LI and E laws) no article in the
legal processing is discovered.
F-F( Ⅲ -6): Nine terms
Nine terms concerning to the legal processing are discovered in
the Hammurabi law code (Table Ⅲ -7). These terms, such as ①
suit, (daiānu), ② judge(daanu), ③ plaintiff (muubbin), ④
testimony(uktiin), ⑤ evidence(šibi), ⑥ deed(rikisu), ⑦
witness(kattŭm), ⑧ clay plate (dub)(i.e.,document) and ⑨ fine
(ruguum) are , even at the present , constituting major elements in
the legal processing . The Hammurabi law is evidently based on
the principle of evidence, and is absolutely differed from divine
第 19 巻 —— 59
judge (Table Ⅲ -7),(5.1,1)).

F-F( Ⅲ -7): judge
First appearance of judge is observed in the H law(5.2.1)
F-F( Ⅲ -8):Qualification of judge
Qualification of judge is : (1) king’s official respective. (2) person
appointed by king (mayor). (3) members of assembly ( Ⅲ -4.3.3).
(4) members of summary court ( Ⅲ -5.3).
F-F( Ⅲ -9): Duty of judge
Duty of judge is: (1) to open trial court(H1). (2) to investigate
evidence (H9, H18, H58, H172, H177). (3) to investigate ground
(H168), (4) to confirm something (H106, H108) ; to confirm, in front
of god, the fact (H112, H113, H124), (5) to make decision (H1, H3,
H5, H172) , (6) to give permission of disown (H168) ; of remarriage
(H177) ; to give adjuration without trial (E54~E57),(H251, H252).
F-F( Ⅲ -10): From accusation to judgement
Step 1~10 for accusation ~judgement is shown in the Hammurabi
law code (see, Figure Ⅲ -2).
F-F( Ⅲ -11): Oath
Oath, appeared first in the Hammurabi law, continued for some
thousand years to the present (Table Ⅲ -6).
The Hammurabi law demonstrates the cases, where the oath was
made in front of god(Table Ⅲ -6). Even at present time, before
giving evidence, witness in court has to take oath.
F-F( Ⅲ -12):Perjury
In the Hammurabi law perjury was the capital crime.
F-F( Ⅲ -13): Double jeopardy
The H law codes have an article with an original form of the
prohibition of double jeopardy (H5), which is now one of the

fundamental principles at present law system.
See, the article 39 of Constitution of Japan (CJ)(prohibition of
double jeopardy).
F-F( Ⅲ -14):Plaintiff’s responsibility of proof and defendant’s right of
disproof are written clearly
Summarizing, the legal processing in the Hammurabi law code is
characterized by (1) testimony, evidence and witness, (2) plaintiff’s
responsibility of proof and defendant’s right of disproof, and (3) first
appearance of judge.
F-F( Ⅲ -15): God
Name of god appears frequently in both prologue (27 times)and
epilogue (25 times) in the Hammurabi law.
In the main text of three preceding laws no word of shrine (bitu),
palace (ékallu) and god (ilu) is discovered(Table Ⅲ -5).
F-F( Ⅲ -16):Divine judge
There is no article, except H2 and H132, on divine judge in the four
codes.
F-F( Ⅲ -17):Priest
The priest in the Hammurabi law did not play an important role in
the court, or were not allowed to play(Table Ⅲ -5).
F-F( Ⅲ -18):Summary court
The name and function of Summary court (SC) are shown in (E54,
E55, E57, E58, and H124, H126, H143, H251, and H252).
F-F( Ⅲ -19):Penalty
The four categories of the penalty were found in Hammurabi law
code. (1). Death ( Ⅲ 6-2): (2). Bodily punishment (Table Ⅲ 1-16):
第 19 巻 —— 61
(3). Fine (Table Ⅲ 12~18), (Table Ⅲ -8,9 and 17): (4). Banishment
(H5, H154, (Table Ⅲ -14) ( Ⅲ -6.1).
F-F( Ⅲ -20): Death penalty ( Ⅲ -6.2)
The crimes serious enough to be punished by death are four
(articles) in the Ur-Nammu, zero in the Lipit-Ishtar, five in the
Eshnunna , and 34 in the Hammurabi articles,
respectively(Table Ⅲ -8~9(continued), and 10). Note that in the
Hammurabi law code there is neither an article on murder nor
article on rebellion. The article, in the H law code, enough to be
punished by death contain the four articles about dishonesty in the
legal process. The number of articles on death penalty is eleven %
of the total penalty code, and 4.4 % of the total legible articles of
the H law code. Those values are not very significantly different
from the corresponding value (3.3%) of the E law code. If all for
the legal process are excluded, the portion of death penalty
reduces to 2.8%. The UN code is the most closely connected to
the death penalty (Table Ⅲ -10).
F-F( Ⅲ -21) :Execution
The methods of execution, exceptionally described in laws are (1)
stake, (2) crucifixion, (3) downed with arms and legs tied up, (4)
downed with arms legs free(Table Ⅲ -11). Popular procedure at
that time is probably hanging(not shown in Table Ⅲ -11).
F-F( Ⅲ -22) : Compensation or fines
The compensation or fines for bodily injuries (nose, eye, tooth, ear,
cheek, leg, and bone) in the UN, E and H law codes are tabulated
(Table Ⅲ -12). In the table all possible combinations are (assailant)
x(victim) x ( injury positions) = 3 x 3 x 7 = 63. Table covers only 4/7
for the UN, 3/7 for the E and 10/63 for H laws, respectively. It is
clear that the Eshnunna law is sterner than the Ur-Nammu laws
and the Hammurabi-law is sterner than the Eshnnuna law
(Table Ⅲ -12).
(In medieval England loss of life is roughly equivalent to loss of two
eyes or to loss of five fingers).
F-F( Ⅲ -23) : Penalty for thief
Penalty for thief varies between fine silver 5 siqlu (H260) and
capital punishment (H11)(Table Ⅲ -16). Invasion of theft into
temple or palace (H6) and selling of the stolen goods were looked
upon as serious crime (grand larceny) and felonies were severely
punished (capital punishment).
F-F( Ⅲ -24) :Domestic violence
Domestic violence by son to father and illegal exchange of babies,
which we often experience and read in newspaper, were not also
rare the Old Babylonia period.
F-F( Ⅲ -25) : Criminal victims
Two law articles (H23 and H24) are the world first law (H202~214)
(Table Ⅲ -14). which aims to afford public support against criminal
victims ( Ⅲ -4.4.1.A).
F-F( Ⅲ -26) :Malpractice(1)
The compensation for malpractice are legislated(see, also, F-F( Ⅲ
-31)).
F-F( Ⅲ -27) :Illegal damage
Illegal damages to the misfortunes, such as house and ship, were
recognized to be the object, which should be compensated
(Table Ⅲ -19). (for house H229~H233), (for ship H235~H238) ( Ⅲ
第 19 巻 —— 63
4.4.1),
F-F( Ⅲ -28) :Legal relief
Legal relief was attempted to support the social misfortune. For
war prisoner’s family H27, H28, H29 ; for ransom of war prisoner
H32 ; for flood victims H24.
F-F( Ⅲ -29):Human rights
Embryonic ideas of the human rights are observed in the H law
code ( Ⅲ 4.4.2). (1)Marriage (H128, H152, H172, H175, H176),
House (H21, H22, H23, H24, H36, H37, H38, H39, H41, H46),
Child (H14): (2) Ownership and property right (buying and selling);
values (H7) ; domestic animals; (H8), slaves(H15 – H20) ; real
estate: (3) Right of succession (H150, H162, H163, H165 H166,
H167, H170, H171, H174, H177~H183)(H6, H8): (4) Liberty of
contract ; H47( Ⅲ -4.4.2).
F-F( Ⅲ -30) : Japan penalty code
The close correlations between the four ancient Mesopotamia law
codes and the contemporary Japanese laws are discovered(Table Ⅲ
-4 and Table Ⅲ -20). The fifteen articles in japan Penalty code
(JPC) inherited from one article (UN-1) in the Ur-Nammu, one
article (LI 1) in the Lipit- Ishtar and twenty five articles (H1, H3, H6,
H8, H14, H21, H22, H33, H34, H114, H130, H196~208, H210) in
the Hammurabi law codes (in total twenty seven articles).
F-F( Ⅲ -31) :Malpractice(2)
The penalty for the malpractice committed by medical doctors and
veterinarians is collected in Table Ⅲ -18 (H218, H219, H220, and
H225).
Malpractice is not a contemporary crime in our modern society,
where the human right have authorized in public. The medical

doctor’s work was, and even now, is a job of high risk high return.
In contrast, veterinarian’ penalty is much small (1/4 of the animal
risks) as compared with that of medical doctor(dismemberment).
F-F( Ⅲ -32) : Product liability ( Ⅲ -4.4.1(C)).
The illegal damages to the important immovable and movable
such as house and ship were recognized to be the object, which
should be compensated(Table Ⅲ -19).(H229, H230, H231, H232,
and H233 for house and H235, H236, H237, H238, and H290 for
ship).
F-F( Ⅲ -33) : Legal relief to social misfortune ; ( Ⅲ -4.4.1(D))
1. war prisoner’s family ; H24, H27, H30, H32, H133, H134, H135.
2. war prisoner’s child ; H28, H29.
3. flood victim, and draught victim ; H48
4. wife; disease (leprosy) ; H148, inheritance, H156, H171, H172,
remarriage, H172, H177 .
F-F( Ⅲ -34) : Marriage and divorce (1)
Typical process of marriage arrangement was taken root (Table Ⅲ
-21).
F-F( Ⅲ -35) : Marriage and divorce (2)
The requisites for formal marriage in the UN, Li, E, and H law
codes progressed as follows :
Cohabitation (UN) →cohabitation for some period(LI) → wedding
reception (E) → written oath (H)(Table Ⅲ -22).
One-sided divorce by husband or by wife was not recognized.
Divorce money was regulated in the Hammurabi law code
(Table Ⅲ -25).
第 19 巻 —— 65
F-F( Ⅲ -36) : Rejection of marriage

When girl (wife) dislikes (antipathy toward husband) (H142) or
refuse the cohabitation with husband in the house husband made
(H149) she had the right of rejection of marriage (often
examination by the local committee)(Table Ⅲ 24).
F-F( Ⅲ -37): Family ; Family type
Some typical types of the family, all deduced from analysis on the
Ur-Nammu, Lipit-Ishtar, Eshnunna, and Hammurabi laws are
illustrated :. Three types in the UN laws (Fig. Ⅲ -3), four types in
the LI law (Fig. Ⅲ -4), one family type in the E law (Fig. Ⅲ -5), and
five types or four teen sub-types in the H law (Fig. Ⅲ -6) were
discovered(see, also, Table Ⅱ -4).
A wide variety of family types in those days reflect well the
complexity of the society.
F-F( Ⅲ -38) : Constitution of family in the Old Babylonian period
The smallest unit consisting ancient Mesopotamia society is
monogamy formed by a combination of husband and wife. A
family was, in principle, formed with husband, wife and their
children only. Differences of social class (awilum, mushkenum, and
slave in the Hammurabi law code) do not bring about legal
problems, and any combinations (theoretically, 9 types) of husband
and wife are approved regardless of their social classes.
F-F( Ⅲ -39): Monogamy (1)
It’s official stand is monogamy. But the special cases, when one
husband can have two wives at the same time, are legally
acknowledged. Then, the society is based on a monogamy, partly
mixed with polygamy(H141, LI 28).

Child , to whom slave gave birth, is recognized by his father,
he(child) has equal share of inheritance to other formal wife’s
children (father consanguines) (see, Ⅲ .7.3)(H170).
If husband did not recognize the above-mentioned slave’s child,
the child and his mother are liberated from slavery(H171).
F-F( Ⅲ -42): Gift inter vivos (1)
Husband denotes a gift inter vivos with dead.
F-F( Ⅲ -43): Mistress (1)
Husband can have mistress besides the first wife (H145, H146)
F-F( Ⅲ -44): Mistress (2)
Awilum girl became mistress with her will(H183, H184).
F-F( Ⅲ -45): Family size
Family size in the H laws seems to be consistent with the
agricultural characteristic at that time . Only by using this style of
agriculture they could to keep high yield, resulting in large surplus.
F-F( Ⅲ -46): Inheritance (1) ; Right of inheritance
Personal (husband) property is succeeded to his wife and
children(H172).
F-F( Ⅲ -47): Inheritance (2) ; Equal share in succession (1)
Distribution of the property is actually based on the two principles.
Equal share succession (H165) under the limit of ‘primogeniture.
This does not mean that the eldest son monopolizes by himself, all
the properties of father. The mixture of the two principles aims to
avoid the excess subdivision, by repetition of inheritance over
generations, into smaller parts, which might make the sustainability
第 19 巻 —— 67
of family farming impossible.

F-F( Ⅲ -48): In Inheritance (3); Gift inter vivos (2)
Wife receives often a gift inter vivos (gift of property from husband,
while he is alive ). This is a form of division of property, which were
built by co-operation of husband and his wife (see, H152). This
seems an advanced idea ‘Just evaluation of woman (wife)’s role in
family life.
F-F( Ⅲ -49): Inheritance (4); Child and his mother (1)
Child cannot request (or demand), after father’s death, mother’s
money, donated by husband as ‘gift’ before father’s death (H150).
This article was effective to prevent the accident that the widow
(child’s mother) is thrown out from the house.
F-F( Ⅲ -50): Inheritance (5); Child and his mother (2)
When children attempt , after their father’s death to drive out their
mother from the house judge investigates first the background of
this matter and then punish the children(H172). Article H150
seems useful precaution of H172.
F-F( Ⅲ -51): Inheritance (6) ; Legitimate and bastard children
Legitimate children as heirs have precedence preference bastard
in selection of the father’s property(H170).
F-F( Ⅲ -52): Inheritance (7) ; Equal share in succession (2)
Father’s property is given to one’s own sons, except disown child
(H168, H169) with equal share in succession(H165)(see, also, Ⅲ
7.3.2. A(ii), B(i)~(ii) and C(i)~(iii), D).
3.1.6 (Part Ⅳ ) The written contracts and commercial laws

F-F( Ⅳ -1): Cuneiform script
Ordinary people in the Old Babylonian period could ‘read and write’
the cuneiform script.
F-F( Ⅳ -2): Higher level of literacy
The popularization of cram schools had realized comparatively
higher level of the literacy of ordinary people.
F-F( Ⅳ -3): Private contract
The private contracts constituted a fundamental element of the
social activity.
F-F( Ⅳ -4): Depository of documents
The documents were kept in his private house.
F-F( Ⅳ -5): Right of selling and buying(1)
People of all the social ranks, such as awilum ( Ⅲ .3.3.4),
mushkenum ( Ⅲ .3.4.2)and even slave ( Ⅲ .3.5.6) ,have the right
of selling and buying of the property. But, there were some
exceptions (Table Ⅳ -2). The lands, farms, and houses , all
allocated by king for soldiers, policeman, and tax-collectors, were
not allowed to sell them to others (Table Ⅳ -2), or to present them
to his wife or daughter. But, there are some exceptions against the
above mentioned exceptions (Table Ⅳ -2).
F-F( Ⅳ -6): Exceptional articles
Such an existence of some exceptional articles to the
exceptional regulations is one of features characterizing ancient
Mesopotamian laws: H28 (inheritance by wife from the husband
who is a war prisoner when son is too young to manage the
farm and orchard)( Ⅲ .3.2).
F-F( Ⅳ -7 ): Buying and Selling
From `buying and selling’‘ contract records, ‘Primogeniture
第 19 巻 —— 69
principle’ (H165) seems rather limited ( Ⅳ -3.2).

F-F( Ⅳ -8):Tenant contract (1)
Large number of the tenant contracts for each family had been
preserved in the house, where he lived(see, Ⅳ -3.1.3B).
F-F( Ⅳ -9): Tenant contract (2)
The tenant contracts, together with ‘buying and selling’ contracts,
were the quite important documents, which should be kept with
great attention at their homes( Ⅳ -3.2).
F-F( Ⅳ -10):Contract
Majority of the economic activities was guaranteed by numerous
contracts.
F-F( Ⅳ -11):Amount of goods equivalent to silver one siglu
The amounts(expressed in sila) of goods, including vegetable oil of
high purity, pig fat, oil of river, sheep fat, salt, lime, copper and
refined copper, which are equivalent to silver one siglu are given in
the Eshnunna law code E1 (Table Ⅳ -3).
F-F( Ⅳ -12):Equivalence of barley and silver
The two articles showing the equivalence of barley and silver are
discovered in the Eshnunna law code(E2 and E3; Table Ⅳ -5).
F-F( Ⅳ -13): Copper as money?
In the Hammurabi law code as well as other three precedent laws
any word of copper was not discovered as money.
F-F( Ⅳ -14):Limited use of barley
Barley was used only in comparatively limited number of the
categories (Table Ⅳ -8).
F-F( Ⅳ -15):Use of barley as currency in agriculture
Barley was exclusively used as one of the two currencies(Table Ⅳ
-8).
Barley was used as currency in only agriculture and its related
categories and in the Hammurabi age barley was only a substitute
currency.
F-F( Ⅳ -16): Silver as money currencies
Silver is the old-established money currency since the Ur Ⅲ
dynasty. Silver was originally used as the metal currency. Silver
was undoubtedly the main and first currency.
F-F( Ⅳ -17):Wide use of silver as money
Silver had been used over a quite wide range of the eleven
categories covering almost whole social life except agriculture.
Utilization of silver as currency became rapidly popular, such fine
and compensation (1, 2) in Table (Table Ⅳ -7), daily and monthly
payments and reward for achievement (3, 4), lease and monthly
deposit fee (5, 6), dealing (7), divorce (8), misconduct (9), medical
treatment and its failure (10, 11), and product liability (12).
F-F( Ⅳ -18):Invention of metal currency
Invention of metal currency and its popularization require (a) the
establishment of procedure of metal refinement (b) introduction of
new method for measuring weight of silver, and (c) advance of
silver currency to coins.
F-F( Ⅳ -19):Silver in long-distance trade
The silver currency made in Babylonia was the most advantageous
media to the log-distance trade at that time.
F-F( Ⅳ -20): Pay and reward
Pay and reward, regulated in the Eshnunna and Hammurabi laws
are summarized(Table Ⅳ -9~ Table Ⅳ -9)(continued)).
第 19 巻 —— 71
F-F( Ⅳ -21):Regulation of time

Regulations of the year, month, and day. In the laws no word on
‘week’ was found( Ⅳ -5.1.2). Note that week was introduced first in
the Old Testament (Exodus 20 : 9 and 10).
Note 3
Exodus 20 : 9-10
You must do all your work six days. But seventh day is a Sabbath to
Jehovah your God. You must not do any work.
Exodus 23 : 12
Six days you are to do your work, but on the seventh days you are to
desist, in order that your bull and your ass may rest and the son of your
slave girl and the alien resident may refresh themselves.
F-F( Ⅳ -22):Types pf payment

There were three types of payments, depending on the contract of
working period (1) annual income (barley), (2) monthly pay
(silver), and (3) daily wage(barley (the Eshnunna law) or silver (the
Hammurabi law).
F-F( Ⅳ -23): Contingent fee
Other category of payment was contingent fee for house, ship
builder, medical doctor, veterinarian, and gardener, who received
as reward for their achievement.
F-F( Ⅳ -24):Annual income
Annual income was exclusively paid on the barley basis (Table Ⅳ
-9).
F-F( Ⅳ -25):Income
The income of craftsmen are not much varied among their jobs
specification (H274). Pay of day-laborer seems a little higher than
those of the above-mentioned craftsman. But, we should pay an
attention to the total days, which enables them to work, in one year
for day laborers. Their labor limited only to the busiest season for
the farmers. In particular, pay of day-laborer was higher in mid-
winter-later spring than that in late summer to early winter (H273).
The pay may have a connection with agricultural almanac.
F-F( Ⅳ -26):Craftsman
The distinction between carpenter (…ella) and builder(bānim) is
not clear. Milkman (amelu ga?) may be cheese or butter workman.
Flax-workman may be flax-cultivator (farmer?) or craftsman of flax-
yarn or flax-engineer.
F-F( Ⅳ -27):Operation cost and craftsman’s income
A typical operation costs one~ one–and-half years income of a
craftsman(Table Ⅳ -9(continued)).
F-F( Ⅳ -28):Day laborer’s income
Pay of day laborer was higher in mid-winter ~later term than that in
late summer to early winter term(Table Ⅳ -9).
F-F( Ⅳ -29a):Medical doctor’s income
Medical doctor’s income is as expected, prominently high(Table Ⅳ
-9 (continued)).Medical doctor’s income is as expected,
prominently high. Note that the operation had not been performed
by a doctor alone, but surgical assistants (i.e.,(apprentices)
assisted their master. At the period, any medical education had not
been practiced and only traditional master-apprentices-ship
system practically worked. The operation could be carried out
第 19 巻 —— 73
(maximum) twice a day and doctor’s apprentices were life-

supported by their master and received small money for the
operation. Utilization of anesthetic (local) is not clear, although its
possibility cannot be absolutely denied.
Medical doctor earns silver 10 siqlu for a surgical operation to an
awilum patient. Award differs depending on the patient’s social
positions. At present, 10 siqlu silver = ¥ 4,788.
F-F( Ⅳ -29b):Surgeon and doctor of internal medicine
In the Hammurabi law code, there is no distinction between
surgeon and doctor of internal medicine, both called ‘azu’ (H214,
H215, H217 ~ H221). Amount of award for medical doctor
depends, of course, on the kinds of the treatment. Bill of surgical
operations for removal of tumor and the suture of injury was twice
of the treatment of the fracture or intestine (Table Ⅳ -9, H215,
H221).
F-F( Ⅳ -29c):Failure of surgical operation
In the following cases surgical operations may be judged as failure.
(1) during operation on immediately after the operation the patient
died.
(2) the patient died, without recovering, few days=one week after
the operation, due to syndromes such as suppuration and
hemorrhage caused by the operation.
F-F( Ⅳ -30):Ship –builder
Reward of a 60 gur-capacity (7.2 ton-capacity) ship-builder is two
siqlu (H234). Provided that 1siqlu/month = 1 x 180/25 = 7.2 Ŝe/
day( here one month = 25 days work). All materials needed for
ship-building such as wood were supplied directly to the ship-
carpenter by the man commissioned to build it. Since ship-building

was performed in the master-apprentice system, all (total) pay
was, of course, not monopolized by the master alone.
F-F( Ⅳ -31): Pays in the E and H law codes
The pay of day-laborer in E10 coincides with the pay for season.
Jan~May in H272. At harvest the labor was hard work , and then,
was highly paid (about twice). Agricultural laborer, who was
employed for one year, is paid annually with barley. Part time
laborer as a temporarily simple laborer at harvest was paid daily.
F-F( Ⅳ -32):Lease
Domestic animals, including ox, cow, donkey and lamb are utilized,
for agriculture and transporting media such as cart and ship (Table
Ⅳ -8). In case (4) of the Table Ⅳ -8 , lease of donkey in the
Eshnunna law (E10)(6 sila/day) increased by 166% up to 10

sila day in the Hammurabi law (H269). In case (6) of the table,
lease of (ox + cart + cart man) (E3) jumped triple from 60 sila/day
to 180 sila/day (H271).
F-F( Ⅳ -33):Merchant
In the Hammurabi laws 22 articles, which are concerned with
‘merchant’ (tamkarum) are discovered Merchant, together with
farmers (landlord), became an essential sector in the old
Babylonia period.
F-F( Ⅳ -34): Agriculture and Commerce
The relations between agriculture and commerce in the Old
Babylonia period were shown in Chart (Chart 2 of Part Ⅳ ).
F-F( Ⅳ -35):Long distance trade
Mesopotamia had a scanty of indispensable natural resources to
第 19 巻 —— 75
keep a high living standard. Therefore, these materials had to be

imported from elsewhere, even if it was remote from Mesopotamia
(see, Chart 2).
F-F( Ⅳ -36): Proto-banking (1) (Private finance to ordinary people)
In the Old Babylonia period merchants had a kind of financial
activities (mainly, loans), which can be called as ‘proto-banking’ :
(Private finance to ordinary family (H152, H117) ; merchant lent
silver to family on security. The distinction among pledges, pawn
(H114) and hostage (H115, H116) are not clear.
F-F( Ⅳ -37): Proto-banking (2) (Finance to business).
(1) a small business (loan to tenant farmer) (H48, H51) ,(2) a large
business (from merchant to sales man) by loan (H100), goods
(consignment sale) (H104), fund (H102, H106), and (3)
investment to business ; The eight articles (H100~H107) in the
Hammurabi law on business relations (the dealings and troubles)
between merchant and salesman are discovered.
F-F( Ⅳ -38):Technical advance
The specular natural environments in the Mesopotamia accelerate
the technological advance leading to the processing industry and
development of the commerce business by the long-distance
trading.
F-F( Ⅳ -39):Landlords
Landlords took a position superior to merchants ( Ⅳ -6.4).
F-F( Ⅳ -40): City administration
Generally, city administration was commissioned to mayor elected
among wealthy merchants ( Ⅳ -6.5).
3.1.7 (Part Ⅵ ) Agricultural law and law of retaliation

F-F( Ⅵ -1): The canal-irrigation farming
The canal-irrigation farming is not native of Sumer and had also
not been emerged there, but it was developed from proto-irrigation
farming in the northern Mesopotamia and then, transmitted to the
Sumer ( Ⅵ -3.1.1).
F-F( Ⅵ -2):Salinization
During 2,370 BC~2,110BC, the ratio of yield of barley to seed
decreased significantly and this change can be explained by
salinization (Table Ⅵ -2 and Table Ⅵ -5).
F-F( Ⅵ -3):Cereals
Cereals had been the most widely cultivated in the ancient
northern Mesopotamia. During the third millennium the yield/seed
ratio at Lagash (Sumer) was constantly above 20~30, ranging
mainly 50~80 (except Herodotus’s data). All these data, obtained
for the canal-irrigation farming, show an extremely high
productivity, being comparable to the present agriculture.
F-F( Ⅵ -4): Independent farmer
The article of the Hammurabi law code, which is concerned with
the independent farmer, is H47 alone. This is a case of downfall of
an owner farmer.
F-F( Ⅵ -5): Tenant contracts
Tenant farmer made tenant contract with landlord (see, Part Ⅳ
-3.3).
F-F( Ⅵ -6):Signature certification assignment
Signature certification assignment (by king) of land (with the name
of receiver) was in advance presented to all the employees (all
第 19 巻 —— 77
ranks) in old royal territory).

F-F( Ⅵ -7): Cultivation technology
Cultivation technology : Double cropping was applied widely in
Sumer. Cultivation technology after introducing canal-irrigation can
be deduced in detail from the farmer’s calendar.
F-F( Ⅵ -8):Fallowing
Even after irrigation technology had been introduced, fallowing
was essential.
F-F( Ⅵ -9):Agriculture in Iran without irrigation
At present (~1973), in the Iranian district where the farming is
curried out without irrigation the farmer meets serious bad crop of
2~3 years in 5 years span.
F-F( Ⅵ -10):Real income index
Now we can evaluate the real income index for two cases : (1)
dry-farming, and (2) irrigation farming. Here, we assume the area
of farmland is the same. Average income of an ordinary farmer in
case (2) is roughly estimated about 12.5 times of case(1).
F-F( Ⅵ -11):Canal construction and its maintenance (1)
Shortage of irrigation water ( Ⅵ -3.1.3)
High silt contamination in the Mesopotamian rivers together with
extreme flatness of the southern Mesopotamia plain brought about
a high risk that everything of the surface of the earth are buried by
silt in short period, leading to the flood or shortage of supplying
irrigation water.
F-F( Ⅵ -12): Canal construction and its maintenance (2)
Construction and repair were performed in off-season of
cultivation.

Master plans of new construction of canal network were primarily
designed by estate architects with high specialty and by
constructors with numerous track records.
This was big national projects and could be materialized by king
alone.
The upper grade officers were in charge of ① procurement of
factors, ② supply of wage, ③ supple of construction materials, ④
process management, ⑤ supply of food to all employees, and ⑥
management of works according to process chart.
F-F( Ⅵ -15): Canal construction and its maintenance(5)
Sometimes, king (Hammurabi) supervised the canal construction
project directly.
F-F( Ⅵ -16):Canal construction and its maintenance (6)
The tenant farmer was entirely responsible for the maintenance of
the water path (i.e., branch of canal, flowing directly in to the
farmer’s land).
In the Hammurabi law four articles (H53, H54, H55, H56) declare
the farmer’s duty of maintenance and punishment for violation for
the laws.
Owners along the water path had responsibility against main
maintenance of the above banks.
The owners, whose boundary of farmers were in contact with
第 19 巻 —— 79
each other, had to make the above contract always in order.

For working a large number of employed laborer were needed. For
them wage barley was paid by the owners, depending on the
width of bank occupied by the owner.
Location of canal networks in Sumer, including Nippur, Issin,
Shruppak, Arab, Umma, Zabalam, Bad Tibura, Urum, and Larsa,
seems likely not to be very significantly altered during almost 1,000
years, although the rize and fall of the above cities are, of course,
observed (from Adam’s work (1981) cited by H. Crawford (1991))
( Ⅲ -3.1.4(B)).
F-F( Ⅵ -22):Tenant farmer’s negligence
Amount (extent, degree, range) of damage of farmers suffered by
his neighbors careless negligence in maintenance of the water
path, should be fully compensated by the perpetrator (H53, H54,
H55 and H56) (The above damage was considered as a kind of
personal outbreak ( Ⅲ -3.1.4(C)).
F-F( Ⅵ -23a): Tenant contract (1)
The tenant contract was formed by an initiative of the victim farmer
and was made at least perfunctorily on the base of mutual
agreement between landlord and farmer under the predominantly
di-advantageous circumstances for the farmer side( Ⅵ -3.1.4 (C)).
F-F( Ⅵ -23b): Tenant contract (2)
Basic contact of reclamation between landlord and former was
effective usually for three years（H44）.
F-F( Ⅵ -24):Flood (1)
Landowner cannot claim his ownership after flood and the farmers
cannot expect any assistance from the state for his loss of house
and cattle ( Ⅵ -3.1.4 (C) (Table Ⅵ -3).
F-F( Ⅵ -25): Flood (2)
Were inhabitants in Mesopotamia afraid of flood simply
considering that it was anger of god? ( Ⅵ -3.1.4 (E)).
F-F( Ⅵ -26): Flood (3)
There are some resources of king’s measures against flood.
(active attitude against nature).
F-F( Ⅵ -27):Agriculture of wheat
The farming area, farming portion (weight ratio), and yield of wheat
at Lagash during 3600BC~ 1700BC are summarized to
demonstrate the serious effect of salinization upon cereals
cultivation (Table Ⅵ -5).
F-F( Ⅵ -28):Barley cultivation
In the southern Mesopotamia wheat cultivation converted to barley.
Wheat cultivation survived (until present) in the northern
Mesopotamia.
F-F( Ⅵ -29):Long-spun irrigation
Long –spun irrigation cultivation of cereal brought about its decline,
even if the same cultivation technology as before (see, Ⅵ -3.1.2(B))
were continued faithfully ( Ⅵ -3.1.2(B)).
F-F( Ⅵ -30):Salinization
Salinization is a typical example of environmental pollution. In this
way the advanced technology (canal-irrigation networks and their
operation systems) had attained unbelievably high productivity of
cereals, but it induced simultaneously the serious damage, which
第 19 巻 —— 81
could not permit the sustainability of this technology ( Ⅲ -3.1.24(B)).

F-F( Ⅵ -31):Debt of framer
In the Hammurabi law code, a number of articles are found on debt
of tenant farmer from merchant (H48, H49, H50). The articles on
landed former are not numerous (H 47).
F-F( Ⅵ -32):Date plantation
The plantation of dates was exclusively performed by another
different specialist (gardener) under the contract agreed between
landlord and gardener ( Ⅵ -3.2.1).
F-F( Ⅵ -33):Flood and drought
Flood and drought were the two-major uncontrollable factors,
governing the yield.
F-F( Ⅵ -34):Flood and tsunami
Flood (ir-ta-hi-is) and tsunami (bi—ib-bu-lum) are stated in H45
and H46 and overflow and drought are found in H48.
F-F( Ⅵ -35): Personal factor
Personal factor cannot also be ignored in cultivation business.
Negligence of cultivation (H43, H44).
F-F( Ⅵ -36):Tenant’s responsibility
Even tenant farmers took for management all responsibility.
At final phase he sold himself (H54). He made his family (wife and
children) debt slaves with three years limit (H117).
F-F( Ⅵ -37):Compensation
Against damage committed by the farmer to a third party
compensation was collected strictly (H53, H54, H55, H56, H57,
H58).
F-F( Ⅵ -38):Gardener
Gardener made a contract on development of garden from field (or

wasteland) in 5 years (H60, H63).
F-F( Ⅵ -39):Management of garden(1)
Management of garden was entrusted to the gardener (H64) and
2/3 of harvest was taken by the landlord and 1/3 was for the
gardener (H64). In this sense, the gardener of orchard was a kind
of a partner of an enterprise.
F-F( Ⅵ -40):Management of garden(2)
For about four years the gardener had no income (H60, H63).He
must some funds or property. In addition, he make a part of not-yet
completed garden temporary farmland to cultivate barley on the
basis of dry farming.
F-F( Ⅵ -41):Income tax or tenant fee
Increase in cultivation field and increase in barley harvest
contributed at large rate to multiplier increase in income of the
state finance. In this case ‘beneficiary payment principle’ should
be taken into consideration of income tax for tenant farmer as
canal-irrigation cultivator.
F-F( Ⅵ -42):Various contracts at Old Babylonian period
(1) contract of tenant farming ( Ⅵ -3.2.2(A)).
(2) buying and selling contract of land ( Ⅵ -3.2.2(B)).
(3) contract of employment of laborer ( Ⅵ -3.2.2(C)).
(4) document of land assignment granted by king ( Ⅵ -3.2.2(E)).
F-F( Ⅵ -43):Retaliation (1)
The retaliation is formal act by public prosecutor of punishing
assailant (attacker) in return for what he has done to the victim.
The law of retaliation was applied only to the case when both
第 19 巻 —— 83
assailant and victim were awilum (a → a). Other cases such as a

→ m, a → s, m → a, m → m, m → s, s→ a, s→m, and s→s
were allowed to employ the substitute.
(i.e., a → a, the first a is assailant awilum and the second a is
victim awilum) , a general expression employed here is assailant
(social class ) →victim (social class)).
F-F( Ⅵ -44): Retaliation (2)
There is no article of retaliation law in the UN and E laws except
homicide and for any injury in all cases the substitute payment was
utilized. In the Mesopotamia, the retaliation law had first been
adopted in the Hammurabi law .
F-F( Ⅵ -45): Retaliation (3)
In this case a → a , when the victim was died caused by quarrel.
The retaliation law was not applied and silver 1/2 mana was paid
as the penalty (H207, and see, Table Ⅲ -14). This is an exception
of the principle of retaliation law.
F-F( Ⅵ -46):Old Testament
Among the nine items, when comparison of the Hammurabi law
code with the Old Testament (Exodus, Leviticus, Deuteronomy)
and the New Testament (Matthew) on the retaliation articles can be
made (Table Ⅵ -11 and Table Ⅵ -12), three articles in the Bible are
more severe than the H laws and other six articles are almost the
same in rigidity. Then, we can conclude that the both are
approximately in the same nature.
F-F( Ⅵ -47):Compensation in the Ur-Nammu and Eshnunna laws
In the-Ur-Nammu and Eshnunna laws all bodily injuries (except
murder) could be compensated by the money (substitute payment)
(Table Ⅵ -10). Compensatory payment ranged from silver two gin

(tooth) in the UN law to silver one mana (bone in the UN and eye,
nose, and both in the E). In the all four laws for homicide the law of
retaliation was strictly applied.
F-F( Ⅵ -48): Bodily injuries and law of retaliation
Only in the case of a →a (i.e., assailant and victim are all awilum)
all bodily injuries (eye, tooth, and bone ) are judged by the law of
retaliation.
F-F( Ⅵ -49):Increase Heterogeneity of awilum class
The transfer of rather homogeneous awilum class to much highly
heterogeneous and broad awilum class occurred with mass or
volume expansion during the Old Babylonian period (see, Ⅱ
-3.3.3.). The compensation, if the substitute payment is employed,
will not be any burden for the upper elite awilum. On the other
hand, for the poor, the compensation will be too much to pay (see,
Table Ⅳ 9 and Ⅳ -10), otherwise they should sell themselves.
F-F( Ⅵ -50):Domestic animals
Articles on the oxen, which occupied 64% of the total articles on
domestic animals among them, are concerned with rental. In the
four law codes no articles discovered on horses (Table Ⅳ -13).
F-F( Ⅵ -51):Plants
The plantation of date palm had been very prosperous and then
popularized in the Sumerian and Old Babylonian period, but the
cited number of articles on trees were very few (Table Ⅳ -14).
F-F( Ⅵ -52):Sesame
Word ‘sesame’ suggests the some intimate relation with (Šamnu)
or (ŜamaŠšmiu).
第 19 巻 —— 85
F-F( Ⅵ -53):Gold
Gold as metal was not cited in the UN, LI and E laws (Table Ⅳ
-15).
F-F( Ⅵ -54):Silver
Silver as currency was cited in twenty-five articles in the E laws
and was also quoted sixty two articles of the H laws. Silver was
dealt mainly as currency (Table Ⅳ -6). Other use of silver was
found in E 15 and H7 only (Table Ⅳ -15).
F-F( Ⅵ -55):Iron
Iron could not found in the four law codes (Table Ⅳ -15).
F-F( Ⅵ -56):Disease and Cure (1)
Zero article is found on disease and cure or medical treatment in
the UN and E laws. Three articles are found in the LI and six
articles in the H law (Table Ⅳ -16).
F-F( Ⅵ -57): Disease and Cure (2)
Nine diseases are discovered in the LI and H laws (Table Ⅳ -16).
F-F( Ⅵ -58):Azu
Medical doctor AZU gave medical treatment for four diseases as
follows; Injury, eye tumor, bone fracture and disease of intestine
(Table Ⅳ -16).
F-F( Ⅵ -59):Epilepsy
Patient of epilepsy was allowed to behave as he wants to do (LI
15), because no cure had yet been formed for epilepsy (LI 16). LI
15 states that if an attack of epilepsy is due to anger of god, the
patient cannot escape from it.
F-F( Ⅵ -60):Atrophy
Symptoms of the patient described in LI 28 are dizziness and
atrophy. Then, I (Kamide) dare to diagnose him cerebral infarction

or cerebral hemorrhage.
F-F( Ⅵ -61):Surgical operations
Surgical operations were applied by Azu to the patient to remove
tumor of eye (H215) and to cure serious injury (H215). In these
cases, a bronze scalpel was used for the operation (H215).
F-F( Ⅵ -62):Orthopedic surgical treatment
Orthopedic surgical treatment was applied by Azu to the patient
(H211).
F-F( Ⅵ -63):Disease of intestine
Disease of intestine was cured by doctor (Azu) of internal medicine
(H221).
F-F( Ⅵ -64): Medical doctors
There was not distinct difference between surgeon and doctor of
internal medicine and name of common medical doctor was Azu
(see, Ⅱ -4.2).
F-F( Ⅵ -65):Surgeon’s fee
Surgeon ‘s fee for surgical operation was approximately twice of
the fee of a medical treatment by doctor of internal medicine for the
treatment (H211, H215).
F-F( Ⅵ -66):Incurable disease
For incurable disease , medical doctor had not directly been
involved. In these cases, ‘watch and observe the patient’, whose
disease was expected to be incurable, was recommended. This
means that medical doctors well-recognized the clear limit of
medical treatment at that time.
第 19 巻 —— 87
these cases, ‘watch and observe the patient’, whose disease was
expected to be incurable, was recommended. This means that medical
3.2 Comparative study of the four ancient Mesopotamian law codes ;
doctors well-recognized the clear limit of medical treatment at that time.
A statistical analysis
3.2 Identity,
3.2.1 Comparative study of
similarity thecorrelations
and four ancient Mesopotamian low codes ;
A statistical analysis
Comparative study between the Hammurabi (H) law code and other code
3.2.1 Identity, similarity and correlations
chosen from
Between the Ur-Nammu
the Hammurabi (H) law(UN),
code Lipit-Ishtar (LI)chosen
and other code and Eshununna (E) are
from the Ur-Nammu
(UN), Lipit-Ishtar (LI) and Eshununna (E) are determined. The results are shown in
performed. The results are shown in Table Ⅶ -1.
Table Ⅶ-1.
Table Ⅶ-1 Identity, similarity and Correlation among four law codes
Table Combination Intimacy
TableⅠ-8 UN---- H 8 articles----one identical ; one similar, 6
corresponding articles
TableⅠ-9 LI ----- H 8 articles (8 similar articles)
TableⅠ-10 E-------H 16 articles---one identical, six similar, nine
corresponding articles
TableⅠ-11 UN---E see, for detailed explanation, PartⅠ,TableⅠ-11
(two)- (two)
UN---E---H
(two)-(two)-(five)
3.2.2 Comparison of the four law codes

3.2.2 Comparison
The results of thebriefly
are summarized fourinlaw codes
Table Ⅶ-2a~2b
The results are summarized briefly in Table Ⅶ -2a~2b
37
Table Ⅶ-2a Comparison of ancient law codes

Table Code Item
TableⅠ-5 UN, LI, E, H Number of legible articles
TableⅠ-6 UN, LI, E, H Over view composition (category)
TableⅠ-7 UN, LI, E, H Number of articles classified into categories
(1)~(11)
TableⅠ-12 UN, LI, E, H Transfer of articles in the three preceding
law codes to the H law code
TableⅠ-13 UN, LI, E, H Number of articles of the three preceding
laws which have identity, similarity and
correlations to the H laws.
FigureⅠ-1 UN, LI, E, H Mutual correlations among the four law
codes
TableⅡ-1 UN, LI, E,H Social class
TableⅡ-5a UN, LI Outlines of the articles starting with (takum
bi lu2---)
TableⅡ-5b, Outlines of the articles starting with (Šumma
-6a, E, H awilum---)
-6b
TableⅡ-7 E, H Professions of the upper awilum
TableⅡ-11 LI, E, H Price of slave
TableⅡ-13a UN, LI, E Various professions
TableⅡ-13b H Various professions
TableⅡ-14 UN, LI, E, H Development of professions revealed from
analysis on the four laws
38
第 19 巻 —— 89
Table Ⅶ-2b Comparison of ancient law codes (continued)

Table Code Items
TableⅢ-4 H, Japanese law Correlating between the ah law and
Japanese law
TableⅢ-5 UN, LI, E, H Frequency of shrine, place and god
TableⅢ-8 UN, LI, E, H
TableⅢ-9 H Crimes serious enough to be punished
TableⅢ-9(Con) H by death
TableⅢ-10 UN, LI, E, H Summary of TableⅢ-8 and 9
TableⅢ-11 UN, LI, E, H Execution of the death penalty
TableⅢ-12 UN, E, H Compensation for bodily injuries
TableⅢ-13 UN, E, H Fine for bodily injuries
TableⅢ-20 Japanese Penalty Comparison of Japan Penalty Code with
Code, UN,LI, H UN, LI, H codes
TableⅣ-6 UN, LI, E, H Barley and silver utilized as currency
TableⅣ-7 UN, LI, E, H Use of silver as one of two major currencies
TableⅣ-8 UN, LI, E, H Use of silver as one of two major currencies
TableⅣ-9 E, H Pay and reward
TableⅣ-10 E, H Comparison of pays in the two laws
TableⅣ-11 E, H Lease
TableⅥ-10 UN, E, H Bodily injury and penalty
TableⅥ-11 H, Exodus Correspondence of the H law to Exodus or
relation
TableⅥ-12 H, Testaments Comparison of the articles on bodily injuring
TableⅥ-13 UN, LI, E, H Number of the articles on domestic animals
referred in the four codes
TableⅥ-14 UN, LI, E, H Number of the articles on plants (trees), and
products cited
TableⅥ-15 UN, LI, E, H Number of the articles on metals (except
currency), birds, fishes and animal (lion, dog)
cited
TableⅥ-16 LI,
Li, H Articles on disease and care of medical
treatment
39
3.3 Hypothesis and theories proposed in this study

1. Two probable patterns of evolution of written laws are illustrated as
Linear model ; UN → LI → E → H , and
Concentration model ; UN
LI H
E
Concentration of all aspects into one (in this case, the H) law is shown to
be the most probable (FF( Ⅰ -6), FF( Ⅰ -7)).
2. A theory of growth mechanism of site to a gigantic site ( Ⅴ -4.1.4(d)).
3. The society model (Model Ⅱ in the text) deduced for the ancient
Mesopotamia from analysis on the Hammurabi law code (0-2.3.1~0-
2.3.2).
4. Various professions cited in the UN, LI, and E, (Table Ⅱ -13a ~ Ⅱ -13b).
5. Path of development of professions revealed from analysis or the four
law codes (Table Ⅱ -14).
6. Evolution of law concept ; step(1) → step (7) ( Ⅲ -3.1).
7. Emergence of written laws (Table Ⅲ -1).
8. Process of accusation→ judgement in the H law (Figure Ⅲ -2).
9. Process of marriage arrangement (Table Ⅲ -21).
10. Roles of merchant and landlord (Chart Ⅳ -1).
11. Agriculture and commerce (Chart Ⅳ -2).
12. A narrowly bent evolutional path leading to irrigation ( Ⅳ -3.1.1).
13. Role of irrigation in agriculture (Chart Ⅵ -2).
14. Transition of large scale , directly-managed agriculture to tenanted
agriculture (Chart Ⅵ -3)( originally proposed by H. Klengel).
15. Cultivation of wasteland to farmland and then afforestation to orchard
(Chart Ⅵ -4).
第 19 巻 —— 91
3.4 New concept on the Hammurabi law code

1.The Hammurabi law code is not a code simply codified from the past
custom ( Ⅲ -4.5.1).
2. The Hammurabi law code denies or improves the past customs ( Ⅲ
-4.5.1).
3. The Hammurabi law code is not a compilation of articles of the
Ur-Nammu law, Lipit-Ishtar law and Eshnunna law ( Ⅲ -4.5.2).(see, (1)).
4. Some parts of (UN, LI, and E) are adopted in the H law although
constituting only a small part of the Hammurabi law code.
5. All the articles in the Hammurabi law are not completely consistent with
each other, but has three samples showing inconsistency ( Ⅲ -4.5.3).
Proof 1 ; H 8 and H 6; Proof 2; H142 and H149 ; Proof 3; Table ( Ⅲ -9 ).
6. From a view point of completeness of the law system (see, also Table Ⅰ
-6) the Hammurabi law code is the origin of legal system today.
7. The Ultra-long term continuity of law system is an important feature of
Hammurabi laws, indicating that the legal idea in the law in common to
human beings (see, Ⅲ -4.4.2). In addition, the Hammurabi law code
can now be well recognized as, great ancestor of the contemporary
times from the above anatomical analysis of the four laws: They are
(1) legal procedure (mulla poena sine legé)
(2) fundamental human right,
(3) protection against social misfortune,
(4) responsibility .
These are evidently disconnect with the preceding laws.
Ⅶ -4 Conclusion
① Overall summarization of the seven previous papers (Part 0~Part Ⅵ )
was made.
② Considering the present status of the studies, the reliable work on the
articles were selected ( Ⅶ -2.1).

③ Morphological, anatomical, and statistical analysis on the above articles
were performed in the systematic way ( Ⅰ ~ Ⅵ ).

④ Seven unique methods, developed for analysis , were proposed ( Ⅶ
-2.2.1~2.2.7).
⑤ Comparative study of the Ur-Nammu (UN) , Lipit=Ishtar(LI),
Eshnunna(E), and Hammurabi (H) law codes, resulted in the twenty

tables ( Ⅶ -3.2), which enabled us to understand explicitly the
characteristic feature of the H law.
⑥ In order to visualize the results one hundred and ten tables, two figures,
seven maps and four charts were constructed in the main test of this
study (see, Table Ⅶ -3.2). These numbers can be compared with 3
tables (and 0 figure, 0 map 0 chart ) in the past 47 studies published
until now.
⑦ Some matters unsolved in the past studies, (see, for example, Part
0-1.7.2, a~e) changed to the certain knowledge. Two were recognized

as fact-findings (F-F).
⑧ Details of F-F. are shown in Ⅶ -3.1.1~ Ⅶ -3.1.7. The evidence is
indicated in the parenthesis, if necessary.

⑨ Sub-total number of F-F in each part is shown in Table Ⅶ -3. We now
obtain 218 fact-findings on ancient Mesopotamia mainly through

analysis on the four ancient law codes.
第 19 巻 —— 93
⑩ Fifteen models are proposed, on the basis of hypothesis and theory

law codes.
Fifteen models
⑩ proposed (Part Ⅶare
-3.3proposed,
and TableonⅦ the
-3.3).basis of hypothesis and theory
proposed.( Table Ⅶ-3.3).
⑪ Seven new concepts on the H law code such as past custom,
⑪ Seven new concepts on the H low code such as past custom, compilation of the
compilation of consistency
preceding laws, the preceding laws, consistency
completeness completeness
, ultra-long continuity , ultra-in
are disclosed
the study.
long continuity are disclosed in the study (Part Ⅶ -3.4).
Ⅶ-3 Total number of the table , figure, map(chart), and fact-findings
Total number
Part
Table Figure Map(Chart) Fact-findings
0 6 7
Ⅰ 13 1 10
Ⅱ 14 20
Ⅲ 6 52
Ⅳ 12 2 40
Ⅴ 37 1 5 23
Ⅵ 16 (4) 66
Ⅶ (4) - - -
∑ 104 2 7 (4) 218
Ⅶ -5 Reference
1. K. Kamide, Journal of Social Science, Nara Gakuen Univ., vol. 11, p113-
145, 2014: (Part Ⅰ ).
42
2. K. Kamide, Journal of Social Science, Nara Gakuen Univ., vol.12, p107-

148, 2015: (Part Ⅱ ).
293, 2015: (Part Ⅲ ).
302, 2016: (Part Ⅳ ).
159, 2016: (Part Ⅴ ).
196, 2017: (Part Ⅵ ).
108, 2017: (Part 0).
8. K. Kamide, Journal of Kanazawa Kogyokai. No.160, p1-7, 2009.
9. K. Kamide, ‘Industry and Economics’, Nara Sangyo Univ., vol.24, p87-
136, 2010.
Appendix A
Part 0-1.2 (Some physical parameters… ;)(this journal, vol.18, p49-86,
2017); Definition of A grade is given as
A grade : Quotation numbers of reference are marked in order of citation
on the main sentence and the detail of the reference (author(s),
journal, volume, page, published year etc.) are collected in order
of citation at the book end or the end of the book chapter (A1). In
the above case, the author(s) name and journal (book) title (not
page) only are shown (A2).
第 19 巻 —— 95
Appendix B Author regrets some turbulence in Part 0 (at the second

column of section 1.5) at computer-materialization step.
1.5 Social class in the ancient Mesopotamia

Table 0-4 shows the social class consisting the ancient Mesopotamia
society, proposed in the literature.50-58
The society was composed of four classes ; king, awilum, muskenum and
slave. But, there is no article on muskenum in the UN and LI codes. There
are five articles (E1, E12, E24, E34, E50) in the E code and thirteen articles
( H8, H15, H16, H140, H198, H201, H204, H208, H211, H212, H216, H219,
H222) in the H code (see, Part Ⅱ . 3.4.1). Here, the status of awilum and
muskenum was not confirmed for long years. Even at present the final
judgment on awilum and muskenum is not yet established. For example,
ref. 6 (Kishimoto )(1969), ref.10 (Kuroda)(1969) and ref.24 (Bottéro)(1992)
judged that awilum class is aristocrat. On the otherhand, ref.25(Roux)
(1992), ref.33 (Matsumoto)(2000), ref.36 (Maekawa)(2000), ref.43 (Van de
Mieroop)(2005), Kriwaczek (2010) concluded that awilum may be elite
man. Note that criterion judging the social class is not always
disclosed. It seems to me that dramatic change in interpretation on
awilum occurred around 1992.
(Here, double underlined parts are compensated parts).

Morphological, Anatomical and Statistical Analyses On The Four Ancient Mesopotamian Law Codes Including The Hammurabi Law Code

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『社会科学雑誌』第 19 巻（2018 年 3 月）—— 37

Morphological, Anatomical and Statistical

3.1.3 (Part Ⅰ ) Survey of size, contents, and transfer

3.2 Comparative study of the four ancient Mesopotamian

1.1 Scope of the study of this part

During analytical study a cautious attention was paid in close connection

1.2 Unsolved targets in the studies published until now

1.3 Some simple interrogations on ancient laws when author started

Table Ⅰ -12, Figure Ⅰ -1).

Ⅶ -2 Methodology employed in this study

2.1 Primary material for the further analysis

is theFlow of the research

(1) (2) (3)

(4) (5) (6)

by Kamide, are absolutely the same as those of Van de Mieroop (2005).

Ⅶ -3 Results and Discussions

3.1 Fact-Findings(F-F) obtained in this study

F-F(0-5) : Methodological problem

throughout the Hassuna-Sammara period and the Halaf period.

F-F(V-9) : Euphrates basin

3.1.3 (Part Ⅰ ): Survey of size contents, and the transfer

subjected to further analysis. Among 248 legible articles , 102

transferred to the H code (Table Ⅰ -12). The transferred articles

3.1.4(Part Ⅱ ) Social class and development of professions

In the prologue of his law code Hammurabi wrote : ‘ In order to make

F-F( Ⅱ -3): Other three classes

sense, the first mulla poena sine legé).

Muskenum (E12, E13, E24, H12, H13, H15);B2.the embezzlement

(8) Offender ; there is no clean description in the articles.

-10(2)).Slave as the victim receives smaller compensation

U-Nammu Lipit-Ishtar Eshnunna Hammurabi

( ) : number of jobs cited in the law codes.

In the Old Babylonian period job specialization progressed remarkably.

judge (Table Ⅲ -7),(5.1,1)).

prohibition of double jeopardy (H5), which is now one of the

where the human right have authorized in public. The medical

F-F( Ⅲ -36) : Rejection of marriage

F-F( Ⅲ -40): Monogamy (2)

of family farming impossible.

3.1.6 (Part Ⅳ ) The written contracts and commercial laws

principle’ (H165) seems rather limited ( Ⅳ -3.2).

F-F( Ⅳ -21):Regulation of time

F-F( Ⅳ -22):Types pf payment

(maximum) twice a day and doctor’s apprentices were life-

carpenter by the man commissioned to build it. Since ship-building

Eshnunna law (E10)(6 sila/day) increased by 166% up to 10

keep a high living standard. Therefore, these materials had to be

3.1.7 (Part Ⅵ ) Agricultural law and law of retaliation

ranks) in old royal territory).

F-F( Ⅵ -13): Canal construction and its maintenance (3)

each other, had to make the above contract always in order.

could not permit the sustainability of this technology ( Ⅲ -3.1.24(B)).

Gardener made a contract on development of garden from field (or

assailant and victim were awilum (a → a). Other cases such as a

(Table Ⅵ -10). Compensatory payment ranged from silver two gin

atrophy. Then, I (Kamide) dare to diagnose him cerebral infarction

3.2.2 Comparison of the four law codes

The results are summarized briefly in Table Ⅶ -2a~2b

Table Ⅶ-2a Comparison of ancient law codes

Table Ⅶ-2b Comparison of ancient law codes (continued)

3.2 Comparative study of the four ancient Mesopotamian

1.3 Some simple interrogations on ancient laws when author started